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Orange County Community College (SUNY Orange) ​how can I get patent in us for my invention product software or concept this is the most common question raised in mind of someone who becomes interested in knowing more about getting patent in u.s. for their invention this question comes from every sector age and industry you can imagine you may be an entrepreneur or business owner with an idea concept or innovative product to be patent a research scientist with a research project or composition to be patent professional or an employee with a new software or mechanical device to be patent or a student with an intent to learn more about getting patent in u.s. for your innovative ideas and products probably you're influenced by reading about patent and news or articles like millions of dollars raised by an innovative startup which has a granted patent or patent pending for their unique invention and that made you think whether that idea you have in mind is really worth winning a patent area is covered one what are the steps in getting patent in u.s. two can my idea win patent in u.s. is it patentable three cost procedure and timeline to get patent in u.s. four things to consider when selecting write patent attorney you may get a lot of information on many places online blogs websites books etc but it's not always very clear to the reader as every person is coming from different background motivations and mindsets and moreover just like any other law patent law also involved certain degree of complexity influenced by case law etc so best advice would be get patent attorney involved for writing and filing patent application for your invention writing a patent application also known as patent drafting is a specialized job and it requires years of practice and experience especially when we are talking about writing claims for the patent application patent is a techno legal document the common observed mistake by inventors writing patent application on their own his writing Atkins to technical side only like a PhD thesis what is a patent and how can we protect your invention by means of patent as per definition the patent is an exclusive right granted for an invention in other words if you have an invention like new and technical solution to a problem a novel product or process a new way of achieving better results with some technical advice having a patent on your name for an invention gives you the right to decide if the invention can be used by others and on what terms having a granted patent in us for your invention gives you right to exclude others from making using offering for sale selling the invention in the United States importing the invention into the United States point to be remembered here is it is right to exclude others that is you can stop others hence it is your patent owners responsibility to enforce the patent and stop others from copying your patent invention without your consent or permission something called patent infringement cost time line and procedure to get patent in u.s. how much is the cost of getting patent in u.s. there is no precise and accurate answer to this question as cost for obtaining patent is dependent on multiple factors what best we have is range for costs involved in there are two elements for cost of getting patent in u.s. the cost for Patent Office USPTO fees for forms and requests professional charges for patent professional patent agent attorney let's see if these fees and charges involved in getting patent in the US in step by step and easy to understand manner before we proceed one question almost certainly hits inventors minds at least once in the process of getting patent for his invention is if I'm the creator of the invention I know it inside and out I can describe it in detailed manner then why patent attorney charged so much fees just to write my patent application in right format to get quick and self-evident answer to your question check our section on why patent attorneys charge so much fees just to write my patent application in right format on patent attorney worldwide com as a matter of fact patent attorney professional charges is the most expensive component which drastically varies based on complexity of the invention to be patent field of invention and the expertise of the patent attorney government fees too are different for an individual inventor micro entities small entities and large entities and fees for patent application also defers based on number of claims and charges for professional drawings etc so a lot of factors need to be considered when talking about cost involved in getting patent in US yet to give you an idea the cost to get patent in u.s. is approximately five thousand to twelve thousand dollars this is assuming that you have hired an experienced patent attorney in us who was right fit for your patent requirement for patent research writing and filing patent application for your invention selecting right patent attorney for your invention at right cost can be more complex process than you would have imagined for details please check our guidelines about the process of selecting right patent attorney in US for your invention on patent attorney worldwide com stage-wise cost and time required for getting patent in u.s. the cost for getting patent requirements in stages as your invention proceeds from novelty search about $2,000 patent drafting and filing in u.s. about $8,000 and after one to two years of responding to office actions if any objections are taken by controller in examination report on application about your invention such response to office actions typically cost about $1000


note these costs are mentioned as exemplary and may vary with respect to patent attorneys and companies now let's see the stages of getting patent in detail we are assuming you have hired a patent attorney helping you with patent writing and patent filing stage one invention disclosure this is initiation phase where you inventor disclose your invention to the patent attorney you selected to work with by signing a nondisclosure agreement this agreement is to ensure the confidentiality of your invention and there are no charges for signing NDA when writing invention disclosure for your invention you should submit each known fact about your invention description diagrams and experimental results if any hold nothing back the disclosure of the invention must be described in substantial details includes pictures flow charts diagrams wherever applicable optionally includes experimental data proving novelty and non-obviousness charts and tables about research and development this helps patent attorney in patent research as well as drafting process stage 2 novelty search patentability search simple invention $1000 complex invention $1500 very complex invention $2,500 in this phase patent professional performed an extensive search for prior art in all possible databases for patent articles thesis etc and builds a patentability search report based on closest prior art found for your invention although an optional step doing novelty search for your invention can really save you thousands of dollars from involving and patent process for an invention which is not novel and already known to public cost the charges for conducting novelty search are in the range of 500 to 2,000 dollars time required it takes about 2 to 5 working days for a researcher to complete novelty search patent attorney generally prefers to have independent pinyon by the novelty search so most of them outsource it to a patent researcher stage 3 opinion about patentability upon receiving the novelty search report for your invention next step is a critical review by patent attorney to build an opinion about patentability of your invention here the cost defers based on complexity of invention and number of closely associated prior arts found in the research this opinion tells you whether the invention is patentable or not in other words it answers the question regarding whether to proceed with the patent filing process or not cost the cost for providing patentability option ranges from 200 to 1000 dollars time required the time required for providing patentability option ranges from three to four hours to couple of days based on complexity of invention and prior art cited in the novelty search report stage-four decide whether to file patent application or not on reviewing the patentability search report and discovered closest prior arts for your invention you can take a decision whether to go ahead with the patent application filing your patentability options should be positive your invention needs to have inventive step as compared with existing prior art to be able to qualify for a patent when you decide to go ahead with patent filing next step is writing patent application Stage five patent writing or patent drafting for a drafting provisional patent application in u.s. simple invention $2,000 complex invention $3,000 very complex invention $5,000 for B drafting non-provisional or a complete patent application in u.s. simple invention $5,000 complex invention $8,000 very complex invention $10,000 drafting a patent application is a specialized job and requires both technical field of invention and legal u.s. patent law understanding as you heard it already patent is a techno legal document many inventors trying to write patent applications on their own writes it from completely technical perspective writing patent applications as a technical document without considering legal aspect may be a mistake which can make your application not worth a lot and all the efforts you took for research and development can go waste hence write patent professional patent agent with appropriate experience can remarkably add value to patent application if you're still confused in thinking whether you would be saving few thousands of dollars by writing and filing your patent application on your own that is without help a patent attorney you can read section on do I really need to hire a patent attorney for writing and filing patent application on patent attorney world Icom this is the step where the real skills a patent attorney come into play as patent drafting is the most time-consuming most complex and skillful task that requires years of experience in technology as well as patent law this is indeed the most important step in entire lifecycle of patent for appropriate protection of your invention cost the cost for drafting a patent application in u.s. varies in great deal as it is dependent on multiple factors like field of invention and complexity of the cost can range from two thousand to fifteen thousand dollars time required it takes about one to two weeks time for patent attorney to draft an application for an invention it certainly can take more time based on complexity length of description and availability of patent attorney Stage six filing patent application patent filing involves patent office fees as explained in table below government filing fees for provisional application in u.s. large entity $260 small entity $130 Micro entity $65 filing fee for non provisional patent application large entity $280 small entity $140 micro entity $70 when you are done with the review of patent drafted and satisfied with the scope and technical details in the patent application the patent attorney files the patent application at USPTO with appropriate forms and fees publication of patent application occurs after the expiration of an 18-month period following the earliest priority date claimed by an applicant stage seven patent examination patent examination fees is as follows large entity $720 small entity $360 micro entity $180 after the application is filed the United States Patent Office takes the application up for examination usually in about 12 to 36 months in this stage


patent examiner's at USPTO conduct their own research related to your invention that is your patent application and issue and office action stage 8 office action office action contains the objections raised about your patent application by patent examiner which can range from variety of objections you have a chance to respond to objection and put your site in front of examiner this is something called response to office actions in most cases the response is drafted with the help of your patent attorney this is an important opportunity for the inventor to communicate his novelty or inventive step over prior arts found in the examination report the inventor and patent attorney create and send a response to the office action that tried to prove that his invention is indeed patentable and satisfies all patentability criterias or optionally modifies the claims accepting objections raised that is the applicant may amend the patent application as specifically required by the examiner and proceed with the grant of patent the patent attorney charges anything from $500 to $1,500 for response to office action stage 9 grant a patent the patent is granted to you if it is found to be meeting all patentability requirements or it may be rejected if it happens to not meet patentability criteria if the patent application is found to be an order of grant a notice of allowance and fees due will be sent to the applicant a fee for issuing the patent and if applicable for publishing the patent publication stage 10 renewal of patent fees once the patent is granted it will be valid for up to 20 years from the date of filing the application inventor required to pay a maintenance fee periodically as mentioned below to maintain patent enforce 3.5 years after patent date $800 seven point five years after patent date 1800 dollars eleven point five years after patent date $3,700 patent date means the date on which the patent is granted and the maintenance fees are for small entity that is for individuals nonprofit entities and small companies congratulations now you know steps involved in getting patent in US for your invention along with time and costs you may also like reading a guideline on deciding is it really worth to go ahead for patent for your invention to know how you can save cost initially by going for provisional patent application in u.s. you can read sections on is filing provisional patent application is a way to save cost with patents initially by utilizing the time for researching commercial worth of invention and deciding on whether to go ahead with patenting procedure at patent attorney worldwide com it is a platform for guideline on patents thank you Hudson Valley Community College.

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